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My grandfather had a pretty bad stroke about 6 weeks ago. He…

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My grandfather had a pretty...
My grandfather had a pretty bad stroke about 6 weeks ago. He is currently being treated at a skilled nursing center. My uncle has durable POA and has barred us from visiting anymore. Before we were barred from seeing him, Grandpa had expressed interest in changing the POA over to either my mom (his daughter) or me. Mainly we just want to be able to see him and support him while he recovers. Does he or the facility have a right to stop us from visiting?
Submitted: 4 months ago.Category: Family Law
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Answered in 11 minutes by:
12/15/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,340
Experience: B.A.; M.B.A.; J.D.
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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about your difficulties.

My best wishes for your grandfather.

If your grandfather is able to speak for himself--that is, if he still has all his faculties, he can override the decision of your uncle and the facility. A POA acts on behalf of the Principal. This does not mean that the Principal if he is still competent cannot make a decision for himself. So, if your grandfather is still competent and says you can come and visit him, you can regardless of what your uncle or the facility says. Otherwise, you have to file emergency Motion with the Court for access to your grandfather.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Thank you. The facility did an evaluation of him the day after he arrived and they believe he has moderate incompetence. I've sat with him for hours and hours and have tried to explain to their staff that he is just really hard to wake up. Once he does wake up he's still very much there and can talk football, news, the lousy food they are giving him, family matters etc. Is their subjective determination of competency sufficient to strip him of his rights to see 2/3 of his remaining family?
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Thank you for the information.

Your Question:

Is their subjective determination of competency sufficient to strip him of his rights to see 2/3 of his remaining family?

Response: No. There must be a Doctor's certification of incompetence in order for his rights to speak for himself to be stripped.

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